Judge halts further vote certification; Gov. Wolf appeals

Legal Events

A Pennsylvania appeals court judge ordered state officials on Wednesday to halt any further steps toward certifying election results, a day after Gov. Tom Wolf said he had certified Democrat Joe Biden as the winner of the presidential election in Pennsylvania.

Wolf’s administration quickly asked the state Supreme Court to block the ruling from taking effect, saying there was no “conceivable justification” for it.

“Since the birth of our nation nearly 250 years ago, no court has ever issued an order purporting to interfere with a state’s ascertainment of its presidential electors ? until today,” the administration said in its motion.

Commonwealth Court Judge Patricia McCullough, a Republican, had issued the order and set a hearing for Friday, but canceled it amid the appeal. It wasn’t immediately clear if she intended to hold up the certification of state and local contests on the ballot or interrupt the scheduled Dec. 14 meeting of the state’s 20 electors.

Republican U.S. Rep. Mike Kelly and others filed suit Saturday to challenge approximately 2.5 million mail-in ballots that were predominantly cast by Democrats. They said the GOP-controlled state Legislature had failed to follow proper procedure when they voted last year to expand mail-in voting.

The state Supreme Court has twice this month overturned Republican challenges over election issues.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.

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